1. ' KHILIJI ARIF HUSSAIN, J.---Applicants filed bail application in Crime No,38 of 2005 of Police Station Kashmoro registered in offence under section 302/34, P . P . C .
2. ' Brief facts of the prosecution case are that the F.I.R. Was lodged by complainant Punhal Mazari on 24-5-2006 that on the day of incident he along with uncle Sahibo and brothers Muhammad Nawaz and Nazar Ali were standing at Flour Machine when the applicants Abdul Majeed armed with guns and Muhammad Hanif armed with hatchet along with Sadderddin came together there. It is alleged that first Abdul Majeed fired upon the deceased but same was not hit to him then Sadderddin fired which hit Muhammad Nawaz who died on the spot.
3. ' Mr. Muhammad Ayaz Soomro, learned counsel for the applicant argued that it is a case of ineffective firing. Further the applicant No,2 has not taken part in the incident and no allegation has been made against him. Mr. Muhammad Ismail Bhutto, learned State counsel, stated that from the Mashirnama of place of Wardat it appears that only one empty cartridge was recovered from the place of Wardat and the applicants have been falsely implicated in the matter.
4. 'I have gone through the F.I.R. As well as gone through the Mashirnama of Wardat. From the Mashirnama of Wardat it appears that only one empty cartridge was recovered from which deceased sustained injury. Since no other empty cartridge has been recovered from the place of Wardat it becomes case of further inquiry. Applicant No,2 has not taken part in the incident and no allegation has been made against the applicant. The applicants are enlarged on bail on furnishing two sureties in the sum of Rs,200,000 each and P.R. Bond in the like amount to the satisfaction of trial Court.